Rajasthan Court December 1981 Judgments
Ram Prasad Vs. the of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-29-1981
Reported in: 1981WLN486
ORDERM.C. Jain, J.1. The petitioner was reelected to the office of Sarpanch, Gram Panchayat, Gulabpura on February 9, 1978. The term of the Gram Panchayat under Section 7 of the Rajasthan Panchayat Article 1953 (for short 'as 'the Act') was for five years. By the Rajasthan Laws (Amendment) Ordinance, 1981 (Ordinance No. 10 of 1981, Section 7 of the Act was amended whereby the term of the Panchayat was reduced from five years to three years. By the Rajasthan Panchayat (Extension of Term) Ordinance, 1981 (Ordinance No. 11 of 1981) the term of Panchayats in (Rajasthan was extended upto 31st of December, 1981 or till the day immediately preceding the date of the first meeting of the Panchayat as a result of the periodical general election, whichever is earlier. By a communication dated September 10/11, 1981, the State Government decided to hold elections of the Panchayats in March 1982 and in the said communication it is also stated that the elections are proposed to be held before January...
Tag this Judgment!Ram Prasad Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-23-1981
Reported in: AIR1982Raj271
ORDERM.C. Jain, J. 1. The petitioner was re-elected to the office of Sarpanch, Gram Panchayat, Gulabpura on February 9, 1978. The term of the Gram Panchayat under Section 7 of the Rajasthan Panchayat Act, 1953 (for short as 'the Act') was for five years. By the Rajasthan Panchayat Laws (Amendment) Ordinance, 1981 (Ordinance No. 10 of 1981). Section 7 of the Act was amended whereby the term of the Panchayat was reduced from five years to three years. By the Rajasthan Panchayat (Extension of Terra) Ordinance, 1981 (Ordinance No. 11 of 1981) the term of Panchayats in Rajasthan was extended up to 31st of December, 1981 or till the day immediately preceding the date of the first meeting of the Panchayat as a result of the periodical general election whichever is earlier. By a communication dated September 10/11, 1981, the State Government decided to hold elections of the Panchayats in March 1982 and in the said communication it is also stated that the elections are proposed to be held befor...
Tag this Judgment!Smt. Saraswati Devi Vs. Moti Lal
Court: Rajasthan
Decided on: Dec-22-1981
Reported in: AIR1982Raj108; 1981()WLN629
M.B. Sharma, J. 1. This is a defendant's appeal in a suit for recovery of a sum of Rs. 2500/- as brokerage. 2. The respondent (plaintiff) is a broker (estate agent) by profession and carries on his business at Ajmer. He claimed to recover a sum of Rs. 2500/-from Smt. Saraswaati R. Mehta (defendant No. 1) and her husband Shri Rang-raj Mehta (defendant No. 2 since dead and now represented by his legal representatives) as brokerage on the ground that he was employed by the deiendants to find a purchaser for a property of defendant No. 1 bearing A. M. C. XX/221 and XX/224 situated at Beawar Raod, Ajmer and to introduce her and said properties to a purchaser. According to the plaintiff through his efforts he introduced Prahlad Kumar Jindal of M/s. Jindal and Co., Arms dealer, Ajmer to the defendants and they gave the highest offer of Rs. 1,25,000/- to him for the aforesaid properties. When the name of the purchaser was disclosed to the defendants by the plaintiff and when they were told tha...
Tag this Judgment!Tej Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-22-1981
Reported in: 1981WLN(UC)423
Kanta Bhatnagar, J.1. This appeal is directed against the judgment and decree dated August 12, 1969, passed by the learned District Judge, Bhilwara.2. Briefly stated the facts of the case giving rise to this appeal are as under : The State of Rajasthan through the Executive Engineer, PWD, at Udaipur and the Executive Engineer, PWD at Bhilwara invited tenders for the construction of several items of work for the metalled road from Mile No. 30 to 34 and 34 to 38. The plaintiff's tender being the lowest @ 11% above the 'G' Schedule was accepted at Bhilwara, with the prior sanction of the Chief Engineer, PWD on 11-2-1958. Contract agreements for the two works, Ex.A-5 and Ex.A-6 were duly executed from both the sides. On 1C-2-1958 the work order was issued with a direction that the road construction was to be completed by 14-2-1959. This is the admitted position of the parties.3. The plaintiff has filed a suit for material supplied and work done amounting to Rs. 77,388/- on the ground that ...
Tag this Judgment!Ram Chandra Vs. Prabhu Lal
Court: Rajasthan
Decided on: Dec-18-1981
Reported in: AIR1982Raj212; 1981()WLN607
G.M. Lodha, J.1. This is a second appeal in a civil suit which has been dismissed by both the courts below on the precise ground of non-compliance of the Rajasthan Money Lenders Act, 1968.2. Mr. Rastogi, learned counsel for the appellant has submitted that Section 26(b) of the Money Lenders Act as amended in 1976 cannot be applied to the case, which was already pending. According to him, this will be giving retrospective operation which cannot be given, because it would result in divesting him of the vested rights in a decree in a civil suit. Mr. Rastogi's contention is that the rights of the parties should be decided in accordance with law on the date of filing of the civil suit and not according to law which comes into force later on. This point has precisely been considered by this court in Kanhiyalal v. Srilal (1980 Raj LW 301), in which the learned Judge of this Court observed as under :--'Rajasthan Money Lenders Act -- As introduced by amending Act, Section 26 (b) --Whether retro...
Tag this Judgment!Railway Employees Co-operative Banking Society Vs. Industrial Tribunal ...
Court: Rajasthan
Decided on: Dec-17-1981
Reported in: 1981WLN(UC)480
M.B. Sharma, J.1. This is a writ petition under Article 226 of the Constitution of India against the award dated 14-4-1981 in Industrial Reference No. 1 of 1979 of the Industrial Tribunal, Jodhpur (for short, 'the Tribunal' here in after).2. The petitioner is a co-operative society registered under the Cooperative Societies Act (here in after referred to as 'the Act'). The respondent No. 2 Railway Employees Cooperative Banking Society, Karamchari Sangh (for short, 'Karamchari Sangh' here in after) raised some disputes with the petitioners for payment of bonus for the years 1966-67 to 1970-71 but their demands were not met and therefore, the Karmchari Sangh moved an application on September 28, 1973 before the Conciliation Officer, Jodhpur. The petitioner did not put in appearance before the Conciliation Officer and did not settle the matter. There upon, by notification No. F1(1) 223) L&E;/74 dated August 19, 1974, the State Government referred the following dispute to the Industrial Tr...
Tag this Judgment!Ram Vilas and ors. Vs. Gaboolal and ors.
Court: Rajasthan
Decided on: Dec-16-1981
Reported in: 1981WLN(UC)348
Kanta Bhatnagar, J.1. Non-petitioners had filed a suit for perpetual injunction against the petitioners in the Court of Munsif Magistrate, Kanod with the averments that the parties are the descendents of a common ancestor. That after partition of the property the court-yard w is kept as the joint property to be used by all the coheirs. The suit related to the portions shown as A, B, C, D the wall construction at position E to F use of portion G to H in the map Ex. 1, filed along with the plaint. According to the plaintiff, defendants were intending to construct a latrine and a bath-room at portions A, B, C & D and had constructed a wall at portion E. That, they were keeping their cattle at that portion. That, at portion G to H they were putting their cow-dungs etc. & were thereby creating nuisance to the plaintiffs.2. The case put up by the defendants was that the disputed portion was not the joint court-yard rather was the exclusive property of the defendants, on which they were enjoy...
Tag this Judgment!Sarla Sikrodia Vs. Dr. Krishan Chandra Sikrodia
Court: Rajasthan
Decided on: Dec-14-1981
Reported in: AIR1982Raj220; 1981()WLN596
K.S. Sidhu, J.1. This is a wife's appeal from a decree of divorce made by the District Judge, Kota, dissolving her marriage on the ground of desertion as provided for in Section 13(1)(i-b), Hindu Marriage Act, 1955.2. The facts which are material for the decision of this appeal may be shortly stated here. The marriage between Dr. Krishan Chandra Sikrodia and Sarla Sikrodia was solemnized according to Hindu rites at New Delhi on June 11, 1973. Before and at the time of the marriage, the husband was employed as a medical officer in (he railway hospital, Kota. The wife is a teacher by profession. She was teaching at that time in Lady Irwin School (Junior Section). Defence Colony, New Delhi. The parties las) resided together at Kota till May 17, 1974. No issue was born in this wedtock. The wife left the matrimonial home with consent of the husband on May 17, and went to Delhi for medical examination and treatment of suspected fibroid uterine tambour. She did not thereafter return to the ma...
Tag this Judgment!V.K. Malik Vs. University of Jodhpur and ors.
Court: Rajasthan
Decided on: Dec-14-1981
Reported in: 1981WLN(UC)388
M.B. Sharma, J.1. In this writ petition, the petitioner prays for a writ in the nature of mandamus, or certiorari, or prohibition, or any other writ be issued prohibiting the University from holding the elections of the teachers as members or the syndicate in accordance with Section 16(1)(vii) of the Jodhpur University Act, 1962 (for short, 'the Act' hereafter). It is also prayed that the electoral rolls prepared as well as the notification Ex. 1 of the Deputy Registrar (respondent No. 3) be quashed.2. The petitioner is employed as a Lecturer. In Structural Engineering in M.B.M. Engineering College, Jodhpur. Syndicate is one of the authorities of the University and the manner of its constitution is provided in Section 16 of the Act. We are concerned with Section 16 of the Act, as it was substituted by Section 2 of the Jodhpur University (Amendment) Ordinance, 1981, which received the assent of the Governor on 18th day of May, 1981. Section 16(1)(vii), which is relevant for the present ...
Tag this Judgment!Bhag Singh Gill Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-14-1981
Reported in: 1981WLN(UC)352
M.B. Sharma, J.1. In this writ petition a short question of interpretation of Ordinance 169-E of the University of Rajasthan Ordinances, 1977 (hereinafter referred to as the 'Ordinance') is involved. Ordinance 169-E reads as under:Ordinance 169-E. A candidate who has passed his First Year/Second Year T.D.C. Examination (Arts), Science/Commerce/of the Honours Part I/Honours Part II examination or the Previous examination for M.A./M. SC./M. Com, conducted by the University may be permitted if he desires to improve his performance, to reappear at the same examination in the same subject (s) in the immediately following year according to the syllabus in force on the conditions noted below. Such a candidate shall not rejoin a college for the purpose:(i) He shall give an undertaking in writing that his preceding examination be treated to have been cancelled.(ii) He will be required to re-appear in the theory as well as practical examinations wherever prescribed; and(iii) In the case of Ex-St...
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